[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Reported in Senate (RS)]
Calendar No. 79
114th CONGRESS
1st Session
S. 246
[Report No. 114-39]
To establish the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2015
Ms. Heitkamp (for herself, Ms. Murkowski, Mr. Tester, Ms. Hirono, Mr.
Schatz, Mrs. Feinstein, Mr. Franken, Mr. Hoeven, Mr. Udall, Ms.
Klobuchar, Mrs. Murray, Mr. Thune, Ms. Warren, Mr. Heinrich, Mr. Moran,
Mr. Whitehouse, Mr. Blumenthal, Ms. Collins, Mrs. Boxer, Mrs. Fischer,
Ms. Stabenow, Ms. Cantwell, Ms. Baldwin, Mrs. Shaheen, and Mr. Inhofe)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
May 11, 2015
Reported by Mr. Barrasso, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the United States has a distinct legal,
treaty, and trust obligation to provide for the education,
health care, safety, social welfare, and other needs of Native
children;</DELETED>
<DELETED> (2) chronic underfunding of Federal programs to
fulfill the longstanding Federal trust obligation has resulted
in limited access to critical services for the more than
2,100,000 Native children under the age of 24 living in the
United States;</DELETED>
<DELETED> (3) Native children are the most at-risk
population in the United States, confronting serious
disparities in education, health, and safety, with 37 percent
living in poverty;</DELETED>
<DELETED> (4) 17 percent of Native children have no health
insurance coverage, and child mortality has increased 15
percent among Native children aged 1 to 14, while the overall
rate of child mortality in the United States decreased by 9
percent;</DELETED>
<DELETED> (5) suicide is the second leading cause of death
in Native children aged 15 through 24, a rate that is 2.5 times
the national average, and violence, including intentional
injuries, homicide, and suicide, account for 75 percent of the
deaths of Native children aged 12 through 20;</DELETED>
<DELETED> (6) 58 percent of 3- and 4-year-old Native
children are not attending any form of preschool, 15 percent of
Native children are not in school and not working, and the
graduation rate for Native high school students is 50
percent;</DELETED>
<DELETED> (7) 22.9 percent of Native children aged 12 and
older report alcohol use, 16 percent report substance
dependence or abuse, 35.8 percent report tobacco use, and 12.5
percent report illicit drug use;</DELETED>
<DELETED> (8) Native children disproportionately enter
foster care at a rate more than 2.1 times the general
population and have the third highest rate of victimization;
and</DELETED>
<DELETED> (9) there is no resource that is more vital to the
continued existence and integrity of Native communities than
Native children, and the United States has a direct interest,
as trustee, in protecting Native children.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Commission.--The term ``Commission'' means the
Alyce Spotted Bear and Walter Soboleff Commission on Native
Children established by section 4.</DELETED>
<DELETED> (2) Indian.--The term ``Indian'' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).</DELETED>
<DELETED> (3) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).</DELETED>
<DELETED> (4) Native child.--The term ``Native child''
means--</DELETED>
<DELETED> (A) an Indian child, as that term is
defined in section 4 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1903);</DELETED>
<DELETED> (B) an Indian who is between the ages of
18 and 24 years old; and</DELETED>
<DELETED> (C) a Native Hawaiian who is not older
than 24 years old.</DELETED>
<DELETED> (5) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given the term in section 7207 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7517).</DELETED>
<DELETED> (6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (7) Tribal college or university.--The term
``Tribal College or University'' has the meaning given the term
in section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)).</DELETED>
<DELETED>SEC. 4. COMMISSION ON NATIVE CHILDREN.</DELETED>
<DELETED> (a) In General.--There is established a commission in the
Office of Tribal Justice of the Department of Justice, to be known as
the ``Alyce Spotted Bear and Walter Soboleff Commission on Native
Children''.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) In general.--The Commission shall be composed
of 11 members, of whom--</DELETED>
<DELETED> (A) 3 shall be appointed by the President,
in consultation with--</DELETED>
<DELETED> (i) the Attorney
General;</DELETED>
<DELETED> (ii) the Secretary;</DELETED>
<DELETED> (iii) the Secretary of Education;
and</DELETED>
<DELETED> (iv) the Secretary of Health and
Human Services;</DELETED>
<DELETED> (B) 3 shall be appointed by the Majority
Leader of the Senate, in consultation with the
Chairperson of the Committee on Indian Affairs of the
Senate;</DELETED>
<DELETED> (C) 1 shall be appointed by the Minority
Leader of the Senate, in consultation with the Vice
Chairperson of the Committee on Indian Affairs of the
Senate;</DELETED>
<DELETED> (D) 3 shall be appointed by the Speaker of
the House of Representatives, in consultation with the
Chairperson of the Committee on Natural Resources of
the House of Representatives; and</DELETED>
<DELETED> (E) 1 shall be appointed by the Minority
Leader of the House of Representatives, in consultation
with the Ranking Member of the Committee on Natural
Resources of the House of Representatives.</DELETED>
<DELETED> (2) Requirements for eligibility.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), each member of the Commission shall have
significant experience and expertise in--</DELETED>
<DELETED> (i) Indian affairs; and</DELETED>
<DELETED> (ii) matters to be studied by the
Commission, including--</DELETED>
<DELETED> (I) health care issues
facing Native children, including
mental health, physical health, and
nutrition;</DELETED>
<DELETED> (II) Indian education,
including experience with Bureau of
Indian Education schools and public
schools, tribally operated schools,
tribal colleges or universities, early
childhood education programs, and the
development of extracurricular
programs;</DELETED>
<DELETED> (III) juvenile justice
programs relating to prevention and
reducing incarceration and rates of
recidivism; and</DELETED>
<DELETED> (IV) social service
programs that are used by Native
children and designed to address basic
needs, such as food, shelter, and
safety, including child protective
services, group homes, and
shelters.</DELETED>
<DELETED> (B) Experts.--</DELETED>
<DELETED> (i) Native children.--1 member of
the Commission shall--</DELETED>
<DELETED> (I) meet the requirements
of subparagraph (A); and</DELETED>
<DELETED> (II) be responsible for
providing the Commission with insight
into and input from Native children on
the matters studied by the
Commission.</DELETED>
<DELETED> (ii) Research.--1 member of the
Commission shall--</DELETED>
<DELETED> (I) meet the requirements
of subparagraph (A); and</DELETED>
<DELETED> (II) have extensive
experience in statistics or social
science research.</DELETED>
<DELETED> (3) Terms.--</DELETED>
<DELETED> (A) In general.--Each member of the
Commission shall be appointed for the life of the
Commission.</DELETED>
<DELETED> (B) Vacancies.--A vacancy in the
Commission shall be filled in the manner in which the
original appointment was made.</DELETED>
<DELETED> (c) Operation.--</DELETED>
<DELETED> (1) Chairperson.--Not later than 15 days after the
date on which all members of the Commission have been
appointed, the Commission shall select 1 member to serve as
Chairperson of the Commission.</DELETED>
<DELETED> (2) Meetings.--</DELETED>
<DELETED> (A) In general.--The Commission shall meet
at the call of the Chairperson.</DELETED>
<DELETED> (B) Initial meeting.--The initial meeting
of the Commission shall take place not later than 30
days after the date described in paragraph
(1).</DELETED>
<DELETED> (3) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser number of
members may hold hearings.</DELETED>
<DELETED> (4) Rules.--The Commission may establish, by
majority vote, any rules for the conduct of Commission
business, in accordance with this Act and other applicable
law.</DELETED>
<DELETED> (d) Native Advisory Committee.--</DELETED>
<DELETED> (1) Establishment.--The Commission shall establish
a committee, to be known as the ``Native Advisory
Committee''.</DELETED>
<DELETED> (2) Membership.--</DELETED>
<DELETED> (A) Composition.--The Native Advisory
Committee shall consist of--</DELETED>
<DELETED> (i) 1 representative of Indian
tribes from each region of the Bureau of Indian
Affairs who is 25 years of age or older;
and</DELETED>
<DELETED> (ii) 1 Native Hawaiian who is 25
years of age or older.</DELETED>
<DELETED> (B) Qualifications.--Each member of the
Native Advisory Committee shall have experience
relating to matters to be studied by the
Commission.</DELETED>
<DELETED> (3) Duties.--The Native Advisory Committee shall--
</DELETED>
<DELETED> (A) serve as an advisory body to the
Commission; and</DELETED>
<DELETED> (B) provide to the Commission advice and
recommendations, submit materials, documents,
testimony, and such other information as the Commission
determines to be necessary to carry out the duties of
the Commission under this section.</DELETED>
<DELETED> (4) Native children subcommittee.--The Native
Advisory Committee shall establish a subcommittee that shall
consist of at least 1 member from each region of the Bureau of
Indian Affairs and 1 Native Hawaiian, each of whom shall be a
Native child, and have experience serving on the council of a
tribal, regional, or national youth organization.</DELETED>
<DELETED> (e) Comprehensive Study of Native Children Issues.--
</DELETED>
<DELETED> (1) In general.--The Commission shall conduct a
comprehensive study of Federal, State, local, and tribal
programs that serve Native children, including an evaluation
of--</DELETED>
<DELETED> (A) the impact of concurrent jurisdiction
on child welfare systems;</DELETED>
<DELETED> (B) the barriers Indian tribes and Native
Hawaiians face in applying, reporting on, and using
existing public and private grant resources, including
identification of any Federal cost-sharing
requirements;</DELETED>
<DELETED> (C) the obstacles to nongovernmental
financial support, such as from private foundations and
corporate charities, for programs benefitting Native
children;</DELETED>
<DELETED> (D) the issues relating to data
collection, such as small sample sizes, large margins
of error, or other issues related to the validity and
statistical significance of data on Native
children;</DELETED>
<DELETED> (E) the barriers to the development of
sustainable, multidisciplinary programs designed to
assist high-risk Native children and families of those
high-risk Native children;</DELETED>
<DELETED> (F) cultural or socioeconomic challenges
in communities of Native children;</DELETED>
<DELETED> (G) any examples of successful program
models and use of best practices in programs that serve
children and families;</DELETED>
<DELETED> (H) the barriers to interagency
coordination on programs benefitting Native children;
and</DELETED>
<DELETED> (I) the use of memoranda of agreement or
interagency agreements to facilitate or improve agency
coordination, including the effects of existing
memoranda or interagency agreements on program service
delivery and efficiency.</DELETED>
<DELETED> (2) Coordination.--In conducting the study under
paragraph (1), the Commission shall, to the maximum extent
practicable--</DELETED>
<DELETED> (A) to avoid duplication of efforts,
collaborate with other workgroups focused on similar
issues, such as the Task Force on American Indian/
Alaska Native Children Exposed to Violence of the
Attorney General; and</DELETED>
<DELETED> (B) to improve coordination and reduce
travel costs, use available technology.</DELETED>
<DELETED> (3) Recommendations.--Taking into consideration
the results of the study under paragraph (1) and the analysis
of any existing data relating to Native children received from
Federal agencies, the Commission shall--</DELETED>
<DELETED> (A) develop recommendations for goals, and
plans for achieving those goals, for Federal policy
relating to Native children in the short-, mid-, and
long-term, which shall be informed by the development
of accurate child well-being measures, except that the
Commission shall not consider or recommend the
recognition or the establishment of a government-to-
government relationship with--</DELETED>
<DELETED> (i) any entity not recognized on
or before the date of enactment of this Act by
the Federal Government through an Act of
Congress, Executive action, judicial decree, or
any other action; or</DELETED>
<DELETED> (ii) any entity not included in
the list authorized pursuant to the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a et seq.);</DELETED>
<DELETED> (B) make recommendations on necessary
modifications and improvements to programs that serve
Native children at the Federal, State, and tribal
levels, on the condition that the recommendations
recognize the diversity in cultural values, integrate
the cultural strengths of the communities of the Native
children, and will result in--</DELETED>
<DELETED> (i) improvements to the child
welfare system that--</DELETED>
<DELETED> (I) reduce the
disproportionate rate at which Native
children enter child protective
services and the period of time spent
in the foster system;</DELETED>
<DELETED> (II) increase coordination
among social workers, police, and
foster families assisting Native
children while in the foster system to
result in the increased safety of
Native children while in the foster
system;</DELETED>
<DELETED> (III) encourage the hiring
and retention of licensed social
workers in Native
communities;</DELETED>
<DELETED> (IV) address the lack of
available foster homes in Native
communities; and</DELETED>
<DELETED> (V) reduce truancy and
improve the academic proficiency and
graduation rates of Native children in
the foster system;</DELETED>
<DELETED> (ii) improvements to the mental
and physical health of Native children, taking
into consideration the rates of suicide,
substance abuse, and access to nutrition and
health care, including--</DELETED>
<DELETED> (I) an analysis of the
increased access of Native children to
Medicaid under the Patient Protection
and Affordable Care Act (Public Law
111-148) and the effect of that
increase on the ability of Indian
tribes and Native Hawaiians to develop
sustainable health programs;
and</DELETED>
<DELETED> (II) an evaluation of the
effects of a lack of public sanitation
infrastructure, including in-home sewer
and water, on the health status of
Native children;</DELETED>
<DELETED> (iii) improvements to educational
and vocational opportunities for Native
children that will lead to--</DELETED>
<DELETED> (I) increased school
attendance, performance, and graduation
rates for Native children across all
educational levels, including early
education, post-secondary, and graduate
school;</DELETED>
<DELETED> (II) localized strategies
developed by educators, tribal and
community leaders, and law enforcement
to prevent and reduce truancy among
Native children;</DELETED>
<DELETED> (III) scholarship
opportunities at a Tribal College or
University and other public and private
postsecondary institutions;</DELETED>
<DELETED> (IV) increased
participation of the immediate families
of Native children;</DELETED>
<DELETED> (V) coordination among
schools and Indian tribes that serve
Native children, including in the areas
of data sharing and student
tracking;</DELETED>
<DELETED> (VI) accurate
identification of students as Native
children; and</DELETED>
<DELETED> (VII) increased school
counseling services, improved access to
quality nutrition at school, and safe
student transportation;</DELETED>
<DELETED> (iv) improved policies and
practices by local school districts that would
result in improved academic proficiency for
Native children;</DELETED>
<DELETED> (v) increased access to
extracurricular activities for Native children
that are designed to increase self-esteem,
promote community engagement, and support
academic excellence while also serving to
prevent unplanned pregnancy, membership in
gangs, drug and alcohol abuse, and suicide,
including activities that incorporate
traditional language and cultural practices of
Indians and Native Hawaiians;</DELETED>
<DELETED> (vi) taking into consideration the
report of the Indian Law and Order Commission
issued pursuant to section 15(f) of the Indian
Law Enforcement Reform Act (25 U.S.C. 2812(f)),
improvements to Federal, State, and tribal
juvenile justice systems and detention
programs--</DELETED>
<DELETED> (I) to provide greater
access to educational opportunities and
social services for incarcerated Native
children;</DELETED>
<DELETED> (II) to promote prevention
and reduce incarceration and recidivism
rates among Native children;</DELETED>
<DELETED> (III) to identify
intervention approaches and
alternatives to incarceration of Native
children;</DELETED>
<DELETED> (IV) to incorporate
families and the traditional cultures
of Indians and Native Hawaiians in the
juvenile justice process, including
through the development of a family
court for juvenile offenses;
and</DELETED>
<DELETED> (V) to prevent unnecessary
detentions and identify successful
reentry programs;</DELETED>
<DELETED> (vii) expanded access to a
continuum of early development and learning
services for Native children from prenatal to
age 5 that are culturally competent, support
Native language preservation, and
comprehensively promote the health, well-being,
learning, and development of Native children,
such as--</DELETED>
<DELETED> (I) high quality early
care and learning programs for children
starting from birth, including Early
Head Start, Head Start, child care, and
preschool programs;</DELETED>
<DELETED> (II) programs, including
home visiting and family resource and
support programs, that increase the
capacity of parents to support the
learning and development of the
children of the parents, beginning
prenatally, and connect the parents
with necessary resources;</DELETED>
<DELETED> (III) early intervention
and preschool services for infants,
toddlers, and preschool-aged children
with developmental delays or
disabilities; and</DELETED>
<DELETED> (IV) professional
development opportunities for Native
providers of early development and
learning services;</DELETED>
<DELETED> (viii) the development of a system
that delivers wrap-around services to Native
children in a way that is comprehensive and
sustainable, including through increased
coordination among Indian tribes, schools, law
enforcement, health care providers, social
workers, and families;</DELETED>
<DELETED> (ix) more flexible use of existing
Federal programs, such as by--</DELETED>
<DELETED> (I) providing Indians and
Native Hawaiians with more flexibility
to carry out programs, while
maintaining accountability, minimizing
administrative time, cost, and expense
and reducing the burden of Federal
paperwork requirements; and</DELETED>
<DELETED> (II) allowing unexpended
Federal funds to be used flexibly to
support programs benefitting Native
children, while taking into account--
</DELETED>
<DELETED> (aa) the Indian
Employment, Training and
Related Services Demonstration
Act of 1992 (25 U.S.C. 3401
note; 106 Stat.
2302);</DELETED>
<DELETED> (bb) the
Coordinated Tribal Assistance
Solicitation program of the
Department of
Justice;</DELETED>
<DELETED> (cc) the Federal
policy of self-determination;
and</DELETED>
<DELETED> (dd) any
consolidated grant programs;
and</DELETED>
<DELETED> (x) solutions to other issues
that, as determined by the Commission, would
improve the health, safety, and well-being of
Native children;</DELETED>
<DELETED> (C) make recommendations for improving
data collection methods that consider--</DELETED>
<DELETED> (i) the adoption of standard
definitions and compatible systems platforms to
allow for greater linkage of data sets across
Federal agencies;</DELETED>
<DELETED> (ii) the appropriateness of
existing data categories for comparative
purposes;</DELETED>
<DELETED> (iii) the development of quality
data and measures, such as by ensuring
sufficient sample sizes and frequency of
sampling, for Federal, State, and tribal
programs that serve Native children;</DELETED>
<DELETED> (iv) the collection and
measurement of data that are useful to Indian
tribes and Native Hawaiians;</DELETED>
<DELETED> (v) the inclusion of Native
children in longitudinal studies; and</DELETED>
<DELETED> (vi) tribal access to data
gathered by Federal, State, and local
governmental agencies; and</DELETED>
<DELETED> (D) identify models of successful Federal,
State, and tribal programs in the areas studied by the
Commission.</DELETED>
<DELETED> (f) Report.--Not later than 3 years after the date on
which all members of the Commission are appointed and amounts are made
available to carry out this Act, the Commission shall submit to the
President, Congress, and the White House Council on Native American
Affairs a report that contains--</DELETED>
<DELETED> (1) a detailed statement of the findings and
conclusions of the Commission; and</DELETED>
<DELETED> (2) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers to be appropriate.</DELETED>
<DELETED> (g) Powers.--</DELETED>
<DELETED> (1) Hearings.--</DELETED>
<DELETED> (A) In general.--The Commission may hold
such hearings, meet and act at such times and places,
take such testimony, and receive such evidence as the
Commission considers to be advisable to carry out the
duties of the Commission under this section, except
that the Commission shall hold not less than 5 hearings
in Native communities.</DELETED>
<DELETED> (B) Public requirement.--The hearings of
the Commission under this paragraph shall be open to
the public.</DELETED>
<DELETED> (2) Witness expenses.--</DELETED>
<DELETED> (A) In general.--A witness requested to
appear before the Commission shall be paid the same
fees and allowances as are paid to witnesses under
section 1821 of title 28, United States Code.</DELETED>
<DELETED> (B) Per diem and mileage.--The fees and
allowances for a witness shall be paid from funds made
available to the Commission.</DELETED>
<DELETED> (3) Information from federal, tribal, and state
agencies.--</DELETED>
<DELETED> (A) In general.--The Commission may secure
directly from a Federal agency such information as the
Commission considers to be necessary to carry out this
section.</DELETED>
<DELETED> (B) Tribal and state agencies.--The
Commission may request the head of any tribal or State
agency to provide to the Commission such information as
the Commission considers to be necessary to carry out
this Act.</DELETED>
<DELETED> (4) Postal services.--The Commission may use the
United States mails in the same manner and under the same
conditions as other agencies of the Federal
Government.</DELETED>
<DELETED> (5) Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services or property related
to the purpose of the Commission.</DELETED>
<DELETED> (h) Commission Personnel Matters.--</DELETED>
<DELETED> (1) Travel expenses.--A member of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the
Commission.</DELETED>
<DELETED> (2) Detail of federal employees.--</DELETED>
<DELETED> (A) In general.--On the affirmative vote
of \2/3\ of the members of the Commission--</DELETED>
<DELETED> (i) the Attorney General, the
Secretary, the Secretary of Education, and the
Secretary of the Health and Human Services
shall each detail, without reimbursement, 1 or
more employees of the Department of Justice,
the Department of the Interior, the Department
of Education, and the Department of Health and
Human Services; and</DELETED>
<DELETED> (ii) with the approval of the
appropriate Federal agency head, an employee of
any other Federal agency may be, without
reimbursement, detailed to the
Commission.</DELETED>
<DELETED> (B) Effect on detailees.--Detail under
this paragraph shall be without interruption or loss of
civil service status, benefits, or
privileges.</DELETED>
<DELETED> (3) Procurement of temporary and intermittent
services.--</DELETED>
<DELETED> (A) In general.--On request of the
Commission, the Attorney General shall provide to the
Commission, on a reimbursable basis, reasonable and
appropriate office space, supplies, and administrative
assistance.</DELETED>
<DELETED> (B) No requirement for physical
facilities.--The Administrator of General Services
shall not be required to locate a permanent, physical
office space for the operation of the
Commission.</DELETED>
<DELETED> (4) Members not federal employees.--No member of
the Commission, the Native Advisory Committee, or the Native
Children Subcommittee shall be considered to be a Federal
employee.</DELETED>
<DELETED> (i) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission submits the
report under subsection (f).</DELETED>
<DELETED> (j) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission, the
Native Advisory Committee, or the Native Children
Subcommittee.</DELETED>
<DELETED> (k) Effect.--This Act shall not be construed to recognize
or establish a government-to-government relationship with--</DELETED>
<DELETED> (1) any entity not recognized on or before the
date of enactment of this Act by the Federal Government through
an Act of Congress, Executive action, judicial decree, or any
other action; or</DELETED>
<DELETED> (2) any entity not included in the list authorized
pursuant to the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a et seq.).</DELETED>
<DELETED> (l) Funding.--Out of any unobligated amounts made
available to the Secretary, the Attorney General, or the Secretary of
Health and Human Services, the Attorney General shall make not more
than $2,000,000 available to the Commission to carry out this
Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States has a distinct legal, treaty, and
trust obligation to provide for the education, health care,
safety, social welfare, and other needs of Native children;
(2) chronic underfunding of Federal programs to fulfill the
longstanding Federal trust obligation has resulted in limited
access to critical services for the more than 2,100,000 Native
children under the age of 24 living in the United States;
(3) Native children are the most at-risk population in the
United States, confronting serious disparities in education,
health, and safety, with 37 percent living in poverty;
(4) 17 percent of Native children have no health insurance
coverage, and child mortality has increased 15 percent among
Native children aged 1 to 14, while the overall rate of child
mortality in the United States decreased by 9 percent;
(5) suicide is the second leading cause of death in Native
children aged 15 through 24, a rate that is 2.5 times the
national average, and violence, including intentional injuries,
homicide, and suicide, account for 75 percent of the deaths of
Native children aged 12 through 20;
(6) 58 percent of 3- and 4-year-old Native children are not
attending any form of preschool, 15 percent of Native children
are not in school and not working, and the graduation rate for
Native high school students is 50 percent;
(7) 22.9 percent of Native children aged 12 and older
report alcohol use, 16 percent report substance dependence or
abuse, 35.8 percent report tobacco use, and 12.5 percent report
illicit drug use;
(8) Native children disproportionately enter foster care at
a rate more than 2.1 times the general population and have the
third highest rate of victimization; and
(9) there is no resource that is more vital to the
continued existence and integrity of Native communities than
Native children, and the United States has a direct interest,
as trustee, in protecting Native children.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Alyce
Spotted Bear and Walter Soboleff Commission on Native Children
established by section 4.
(2) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Native child.--The term ``Native child'' means--
(A) an Indian child, as that term is defined in
section 4 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903);
(B) an Indian who is between the ages of 18 and 24
years old; and
(C) a Native Hawaiian who is not older than 24
years old.
(5) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 7207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
SEC. 4. COMMISSION ON NATIVE CHILDREN.
(a) In General.--There is established a commission in the Office of
Tribal Justice of the Department of Justice, to be known as the ``Alyce
Spotted Bear and Walter Soboleff Commission on Native Children''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 11
members, of whom--
(A) 3 shall be appointed by the President, in
consultation with--
(i) the Attorney General;
(ii) the Secretary;
(iii) the Secretary of Education; and
(iv) the Secretary of Health and Human
Services;
(B) 3 shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairperson of the
Committee on Indian Affairs of the Senate;
(C) 1 shall be appointed by the Minority Leader of
the Senate, in consultation with the Vice Chairperson
of the Committee on Indian Affairs of the Senate;
(D) 3 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
Chairperson of the Committee on Natural Resources of
the House of Representatives; and
(E) 1 shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Ranking Member of the Committee on Natural Resources of
the House of Representatives.
(2) Requirements for eligibility.--
(A) In general.--Subject to subparagraph (B), each
member of the Commission shall have significant
experience and expertise in--
(i) Indian affairs; and
(ii) matters to be studied by the
Commission, including--
(I) health care issues facing
Native children, including mental
health, physical health, and nutrition;
(II) Indian education, including
experience with Bureau of Indian
Education schools and public schools,
tribally operated schools, tribal
colleges or universities, early
childhood education programs, and the
development of extracurricular
programs;
(III) juvenile justice programs
relating to prevention and reducing
incarceration and rates of recidivism;
and
(IV) social service programs that
are used by Native children and
designed to address basic needs, such
as food, shelter, and safety, including
child protective services, group homes,
and shelters.
(B) Experts.--
(i) Native children.--1 member of the
Commission shall--
(I) meet the requirements of
subparagraph (A); and
(II) be responsible for providing
the Commission with insight into and
input from Native children on the
matters studied by the Commission.
(ii) Research.--1 member of the Commission
shall--
(I) meet the requirements of
subparagraph (A); and
(II) have extensive experience in
statistics or social science research.
(3) Terms.--
(A) In general.--Each member of the Commission
shall be appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission shall
be filled in the manner in which the original
appointment was made.
(c) Operation.--
(1) Chairperson.--Not later than 15 days after the date on
which all members of the Commission have been appointed, the
Commission shall select 1 member to serve as Chairperson of the
Commission.
(2) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson.
(B) Initial meeting.--The initial meeting of the
Commission shall take place not later than 30 days
after the date described in paragraph (1).
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Rules.--The Commission may establish, by majority vote,
any rules for the conduct of Commission business, in accordance
with this Act and other applicable law.
(d) Native Advisory Committee.--
(1) Establishment.--The Commission shall establish a
committee, to be known as the ``Native Advisory Committee''.
(2) Membership.--
(A) Composition.--The Native Advisory Committee
shall consist of--
(i) 1 representative of Indian tribes from
each region of the Bureau of Indian Affairs who
is 25 years of age or older; and
(ii) 1 Native Hawaiian who is 25 years of
age or older.
(B) Qualifications.--Each member of the Native
Advisory Committee shall have experience relating to
matters to be studied by the Commission.
(3) Duties.--The Native Advisory Committee shall--
(A) serve as an advisory body to the Commission;
and
(B) provide to the Commission advice and
recommendations, submit materials, documents,
testimony, and such other information as the Commission
determines to be necessary to carry out the duties of
the Commission under this section.
(4) Native children subcommittee.--The Native Advisory
Committee shall establish a subcommittee that shall consist of
at least 1 member from each region of the Bureau of Indian
Affairs and 1 Native Hawaiian, each of whom shall be a Native
child, and have experience serving on the council of a tribal,
regional, or national youth organization.
(e) Comprehensive Study of Native Children Issues.--
(1) In general.--The Commission shall conduct a
comprehensive study of Federal, State, local, and tribal
programs that serve Native children, including an evaluation
of--
(A) the impact of concurrent jurisdiction on child
welfare systems;
(B) the barriers Indian tribes and Native Hawaiians
face in applying, reporting on, and using existing
public and private grant resources, including
identification of any Federal cost-sharing
requirements;
(C) the obstacles to nongovernmental financial
support, such as from private foundations and corporate
charities, for programs benefitting Native children;
(D) the issues relating to data collection, such as
small sample sizes, large margins of error, or other
issues related to the validity and statistical
significance of data on Native children;
(E) the barriers to the development of sustainable,
multidisciplinary programs designed to assist high-risk
Native children and families of those high-risk Native
children;
(F) cultural or socioeconomic challenges in
communities of Native children;
(G) any examples of successful program models and
use of best practices in programs that serve children
and families;
(H) the barriers to interagency coordination on
programs benefitting Native children; and
(I) the use of memoranda of agreement or
interagency agreements to facilitate or improve agency
coordination, including the effects of existing
memoranda or interagency agreements on program service
delivery and efficiency.
(2) Coordination.--In conducting the study under paragraph
(1), the Commission shall, to the maximum extent practicable--
(A) to avoid duplication of efforts, collaborate
with other workgroups focused on similar issues, such
as the Task Force on American Indian/Alaska Native
Children Exposed to Violence of the Attorney General;
and
(B) to improve coordination and reduce travel
costs, use available technology.
(3) Recommendations.--Taking into consideration the results
of the study under paragraph (1) and the analysis of any
existing data relating to Native children received from Federal
agencies, the Commission shall--
(A) develop recommendations for goals, and plans
for achieving those goals, for Federal policy relating
to Native children in the short-, mid-, and long-term,
which shall be informed by the development of accurate
child well-being measures, except that the Commission
shall not consider or recommend the recognition or the
establishment of a government-to-government
relationship with--
(i) any entity not recognized on or before
the date of enactment of this Act by the
Federal Government through an Act of Congress,
Executive action, judicial decree, or any other
action; or
(ii) any entity not included in the list
authorized pursuant to the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a
et seq.);
(B) make recommendations on necessary modifications
and improvements to programs that serve Native children
at the Federal, State, and tribal levels, on the
condition that the recommendations recognize the
diversity in cultural values, integrate the cultural
strengths of the communities of the Native children,
and will result in--
(i) improvements to the child welfare
system that--
(I) reduce the disproportionate
rate at which Native children enter
child protective services and the
period of time spent in the foster
system;
(II) increase coordination among
social workers, police, and foster
families assisting Native children
while in the foster system to result in
the increased safety of Native children
while in the foster system;
(III) encourage the hiring and
retention of licensed social workers in
Native communities;
(IV) address the lack of available
foster homes in Native communities; and
(V) reduce truancy and improve the
academic proficiency and graduation
rates of Native children in the foster
system;
(ii) improvements to the mental and
physical health of Native children, taking into
consideration the rates of suicide, substance
abuse, and access to nutrition and health care,
including--
(I) an analysis of the increased
access of Native children to Medicaid
under the Patient Protection and
Affordable Care Act (Public Law 111-
148) and the effect of that increase on
the ability of Indian tribes and Native
Hawaiians to develop sustainable health
programs; and
(II) an evaluation of the effects
of a lack of public sanitation
infrastructure, including in-home sewer
and water, on the health status of
Native children;
(iii) improvements to educational and
vocational opportunities for Native children
that will lead to--
(I) increased school attendance,
performance, and graduation rates for
Native children across all educational
levels, including early education,
post-secondary, and graduate school;
(II) localized strategies developed
by educators, tribal and community
leaders, and law enforcement to prevent
and reduce truancy among Native
children;
(III) scholarship opportunities at
a Tribal College or University and
other public and private postsecondary
institutions;
(IV) increased participation of the
immediate families of Native children;
(V) coordination among schools and
Indian tribes that serve Native
children, including in the areas of
data sharing and student tracking;
(VI) accurate identification of
students as Native children; and
(VII) increased school counseling
services, improved access to quality
nutrition at school, and safe student
transportation;
(iv) improved policies and practices by
local school districts that would result in
improved academic proficiency for Native
children;
(v) increased access to extracurricular
activities for Native children that are
designed to increase self-esteem, promote
community engagement, and support academic
excellence while also serving to prevent
unplanned pregnancy, membership in gangs, drug
and alcohol abuse, and suicide, including
activities that incorporate traditional
language and cultural practices of Indians and
Native Hawaiians;
(vi) taking into consideration the report
of the Indian Law and Order Commission issued
pursuant to section 15(f) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2812(f)),
improvements to Federal, State, and tribal
juvenile justice systems and detention
programs--
(I) to provide greater access to
educational opportunities and social
services for incarcerated Native
children;
(II) to promote prevention and
reduce incarceration and recidivism
rates among Native children;
(III) to identify intervention
approaches and alternatives to
incarceration of Native children;
(IV) to incorporate families and
the traditional cultures of Indians and
Native Hawaiians in the juvenile
justice process, including through the
development of a family court for
juvenile offenses; and
(V) to prevent unnecessary
detentions and identify successful
reentry programs;
(vii) expanded access to a continuum of
early development and learning services for
Native children from prenatal to age 5 that are
culturally competent, support Native language
preservation, and comprehensively promote the
health, well-being, learning, and development
of Native children, such as--
(I) high quality early care and
learning programs for children starting
from birth, including Early Head Start,
Head Start, child care, and preschool
programs;
(II) programs, including home
visiting and family resource and
support programs, that increase the
capacity of parents to support the
learning and development of the
children of the parents, beginning
prenatally, and connect the parents
with necessary resources;
(III) early intervention and
preschool services for infants,
toddlers, and preschool-aged children
with developmental delays or
disabilities; and
(IV) professional development
opportunities for Native providers of
early development and learning
services;
(viii) the development of a system that
delivers wrap-around services to Native
children in a way that is comprehensive and
sustainable, including through increased
coordination among Indian tribes, schools, law
enforcement, health care providers, social
workers, and families;
(ix) more flexible use of existing Federal
programs, such as by--
(I) providing Indians and Native
Hawaiians with more flexibility to
carry out programs, while maintaining
accountability, minimizing
administrative time, cost, and expense
and reducing the burden of Federal
paperwork requirements; and
(II) allowing unexpended Federal
funds to be used flexibly to support
programs benefitting Native children,
while taking into account--
(aa) the Indian Employment,
Training and Related Services
Demonstration Act of 1992 (25
U.S.C. 3401 note; 106 Stat.
2302);
(bb) the Coordinated Tribal
Assistance Solicitation program
of the Department of Justice;
(cc) the Federal policy of
self-determination; and
(dd) any consolidated grant
programs; and
(x) solutions to other issues that, as
determined by the Commission, would improve the
health, safety, and well-being of Native
children;
(C) make recommendations for improving data
collection methods that consider--
(i) the adoption of standard definitions
and compatible systems platforms to allow for
greater linkage of data sets across Federal
agencies;
(ii) the appropriateness of existing data
categories for comparative purposes;
(iii) the development of quality data and
measures, such as by ensuring sufficient sample
sizes and frequency of sampling, for Federal,
State, and tribal programs that serve Native
children;
(iv) the collection and measurement of data
that are useful to Indian tribes and Native
Hawaiians;
(v) the inclusion of Native children in
longitudinal studies; and
(vi) tribal access to data gathered by
Federal, State, and local governmental
agencies; and
(D) identify models of successful Federal, State,
and tribal programs in the areas studied by the
Commission.
(f) Report.--Not later than 3 years after the date on which all
members of the Commission are appointed and amounts are made available
to carry out this Act, the Commission shall submit to the President,
Congress, and the White House Council on Native American Affairs a
report that contains--
(1) a detailed statement of the findings and conclusions of
the Commission; and
(2) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers to be appropriate.
(g) Powers.--
(1) Hearings.--
(A) In general.--The Commission may hold such
hearings, meet and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers to be advisable to carry out the
duties of the Commission under this section, except
that the Commission shall hold not less than 5 hearings
in Native communities.
(B) Public requirement.--The hearings of the
Commission under this paragraph shall be open to the
public.
(2) Witness expenses.--
(A) In general.--A witness requested to appear
before the Commission shall be paid the same fees and
allowances as are paid to witnesses under section 1821
of title 28, United States Code.
(B) Per diem and mileage.--The fees and allowances
for a witness shall be paid from funds made available
to the Commission.
(3) Information from federal, tribal, and state agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers to be necessary to carry out this
section.
(B) Tribal and state agencies.--The Commission may
request the head of any tribal or State agency to
provide to the Commission such information as the
Commission considers to be necessary to carry out this
Act.
(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property related to the
purpose of the Commission.
(h) Commission Personnel Matters.--
(1) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(2) Detail of federal employees.--
(A) In general.--On the affirmative vote of \2/3\
of the members of the Commission--
(i) the Attorney General, the Secretary,
the Secretary of Education, and the Secretary
of the Health and Human Services shall each
detail, without reimbursement, 1 or more
employees of the Department of Justice, the
Department of the Interior, the Department of
Education, and the Department of Health and
Human Services; and
(ii) with the approval of the appropriate
Federal agency head, an employee of any other
Federal agency may be, without reimbursement,
detailed to the Commission.
(B) Effect on detailees.--Detail under this
paragraph shall be without interruption or loss of
civil service status, benefits, or privileges.
(3) Procurement of temporary and intermittent services.--
(A) In general.--On request of the Commission, the
Attorney General shall provide to the Commission, on a
reimbursable basis, reasonable and appropriate office
space, supplies, and administrative assistance.
(B) No requirement for physical facilities.--The
Administrator of General Services shall not be required
to locate a permanent, physical office space for the
operation of the Commission.
(4) Members not federal employees.--No member of the
Commission, the Native Advisory Committee, or the Native
Children Subcommittee shall be considered to be a Federal
employee.
(i) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report under
subsection (f).
(j) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Commission, the Native Advisory
Committee, or the Native Children Subcommittee.
(k) Effect.--This Act shall not be construed to recognize or
establish a government-to-government relationship with--
(1) any entity not recognized on or before the date of
enactment of this Act by the Federal Government through an Act
of Congress, Executive action, judicial decree, or any other
action; or
(2) any entity not included in the list authorized pursuant
to the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a et seq.).
(l) Funding.--There is authorized to be appropriated to carry out
this Act $2,000,000.
Calendar No. 79
114th CONGRESS
1st Session
S. 246
[Report No. 114-39]
_______________________________________________________________________
A BILL
To establish the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children, and for other purposes.
_______________________________________________________________________
May 11, 2015
Reported with an amendment